LEADING COMPLAINT ABOUT NURSING HOME IS EVICTIONS On February 25, 2016 National Public Radio (NPR) ran a story about what is looking to become like a national epidemic: nursing home evictions. According to statistics between 8,000 and 9,000 nursing home residents complain each year about nursing home evictions. The problem…
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New York Estate Planning & Elder Law Blog
ABC TRUST PLANNING – WILL IT BE A BURDEN?
NEW LAWS MEANS NEW RISK AND LEGAL OBLIGATIONS President Obama signed into law the American Taxpayer Relief Act on January 2, 2013 which permanently raised the estate tax exemption and added an inflation index, such that it rises every year to account for inflation. Better still, the same law allows…
MAJOR NURSING HOME CASE TESTING MANDATORY ARBITRATION CLAUSE
CASE OF POTENTIALLY NATIONAL IMPORTANCE REPORTED IN NEW YORK TIMES On August 21, 2009 a tragic event occurred at a nursing home in the quaint coastal town of South Dartmouth, Massachusetts. Elizabeth Barrow was over 100 years old at the time of the tragedy, but told her son on her…
IRS ART ADVISORY PANEL
GOVERNMENT HAS BEST AT HAND – FOR FREE Whenever a taxpayer submits tax documents that deal with a work of art or of cultural significance that is valued at least $50,000, according to the taxpayer’s own estimate, the IRS goes through a process by which it independently evaluates the items.…
ESTATE PLANNING FOR FAMILY OWNED FARMS
ESTATE PLAN AND CONTINUATION OF FARM PLAN No doubt that anymore the running of a family farm is much like running a small business with other family members intimately involved. Often enough the continuation of the family farm requires that the current and main farmer, much like the ‘president and…
LONG TERM CARE THROUGH LIFE INSURANCE POLICY
CONVERSION OF LIFE INSURANCE DURING LIFE OF COVERED INDIVIDUAL As this blog discussed in the past, long term planning insurance is something that many consumers are reluctant to purchase for a number of reasons One of the main reasons for this reluctance is the long term cost may not financially…
TRUST MODIFICATION IN NEW YORK
THE PROBLEM AND THE LAWS RESPONSE Sometimes when a person creates a trust they do not know all of the material facts, indeed cannot know all of the material facts regarding what is in the beneficiary’s best interest. Perhaps the trust expressly states that the beneficiaries cannot receive payment from…
TOOLKIT TO HELP PREVENT SENIORS FROM FALLING
SIMPLE GUIDELINES, EASY TO UNDERSTAND AND FOLLOW The Center for Disease Control (CDC) released guidelines to help prevent and mitigate falls among senior citizens in 2012. The CDC program is called STEADI, an acronym coming from the full title Stopping Elderly Accidents, Deaths and Injuries. Research shows that falls are…
WRONGFUL DEATH LAWSUIT AS PART OF PROBATE ESTATE
PROBATE IS UNAVOIDABLE It is a fact of life that we can never plan for the worse case scenario and there is always risk in anything you do. The law recognizes this special risk, at least in part, in wrongful death lawsuits. In order for a wrongful death action to…
OPERATION COCOON: FEDERAL EFFORT TO CURB UNWITTING SENIORS FROM ACTING AS DRUG MULES
On February 10, 2016 the United States Immigration and Customs Enforcement (‘ICE’) announced in a policy document that appears to coincide with ranking ICE officials testimony before the United States Senate Special Committee on Aging that it recently launched ‘Operation Cocoon‘ to help curtail the use of “elderly citizens” unknowingly…